Hello, here are the facts and nothing else, any thoughts or interpretations of options are welcome. I want to know if the company is in violation of the law, and if this seems like a case that would stand up in court. I also want opinions on if what I’m asking for is reasonable and if it sounds like the company is negotiating in good faith.
My spouse is physically disabled and also is diagnosed with a severe and persistent mental illness, both of which have the worst symptoms in the evenings. Because of this, I need to be home in the evenings to act as a caregiver. Under the previous contractor, I worked 8:30-5:30 Mondays and Fridays, and 9:30-6:30 Tuesday Wednesday Thursday, and it’s important to note that my supervisors say I’ve been doing a great job and have made measurable and tangible improvements to my department and operations at large.
I work for a Federal Contractor in San Francisco, CA that operates my site and several others. I started in January under a different company, and at the beginning of April that company pulled out and I was hired to continue with the new contractor. My role remains largely the same. I am an exempt salaried employee that is not covered by the McNamara-O’Hara SCA.
The new contractor typically schedules people in my role Tuesday-Saturday 11am-8pm for at least three days a week. Since April 1st, conversations have been ongoing about whether they will allow me to keep my current schedule, and pending their decision I have kept those same hours. My work performance remains unchanged.
Today, I was informed that despite my request for reasonable accommodations under the California Fair Employment and Housing Act, that they would not allow me to work my old schedule, or even come to a compromise on hours. They are requiring me to work Monday-Friday, 11-8 3 days a week and 8:30-5:30 the other two. I have offered to work one day a week 11-8, and two other days 10-7, but in my Director’s words they “aren’t gonna budge”. Their rationale is that no other sites operate with my position having a different schedule, and it isn’t fair to my staff that work 1pm-10pm if I’m not there later in the evenings to observe their work performances directly. I disagree on that second point, my staff typically begin their most intensive work from 4:30pm-6pm and I feel I would be able to observe them just fine. On the first point, I think that’s a non-factor because it’s highly unlikely anyone else has my specific situation.
The only other option they are giving me besides take the new schedule is to transfer me to a completely different department in a role that is wholly dissimilar to my current role, does not align with my career goals, and at a lower salary.
Thoughts?